Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

UNITED STATES of America, Plaintiff-Appellee, v. Geraldo Antonio PLANELLS-GUERRA, Defendant-Appellant.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Geraldo Planells-Guerra appeals from the denial of his motion to suppress evidence police officers seized from his car. Following the denial of his motion to suppress, Mr. Planells-Guerra entered a conditional guilty plea. The district court sentenced him to 108 months' imprisonment followed by 60 months' supervised release. In denying Mr. Planells-Guerra's motion to suppress, the district court concluded (1) the police officers did not violate Utah law when they arrested him without a warrant for the misdemeanor of driving on a suspended license; (2) even if the arrest violated Utah law, the federal exclusionary rule does not apply to state law violations; and (3) even if the exclusionary rule did apply, the good-faith exception would bar application of the exclusionary rule in this case. United States v. Planells-Guerra, 509 F.Supp.2d 1000, 1001-02 (D.Utah 2007). On appeal, Mr. Planells-Guerra argues that the district court erred in its three alternative holdings. In his reply brief, he concedes that the Supreme Court's recent opinion in Virginia v. Moore, ___ U.S. ___ 128 S.Ct. 1598, 170 L.Ed.2d 559 (2008), decided after his brief-in-chief and the government's response brief were filed, forecloses his argument that an arrest supported by probable cause nevertheless violates the Fourth Amendment if it violates some aspect of state law. Aplt. Reply Br. at 2-3. We appreciate the candor and agree that the premise of this appeal is no longer viable.

AFFIRMED.

Use AI to get other relevant cases.

Comments

U.S. v. PLANELLS-GUERRA
(May 30, 2008)